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A federal class action lawsuit claims that Ford Motor Company knew that the tailgate panels crack on its 2002-2005 Ford Explorers and Mercury Mountaineers, and its 2003-2005 Lincoln Aviators, but actively concealed the defect from consumers.The Ford class action lawsuit claims the Cracked Tailgate Problem is caused by a design defect or manufacturing flaw that allows moisture to collect behind the lower window panel of the tailgate.
“Over time, and in varying weather conditions, the trapped water creates internal stress on the tailgate resulting in a large discernable crack to the panel, immediately devaluing the Ford Vehicle,” the class action lawsuit states. “In addition to the defect resulting in diminution of the vehicle’s inherent value, the Cracked Tailgate Problem also presents a safety hazard to anyone opening or closing the tailgate.”
The Ford cracked tailgate class action lawsuit alleges that Ford knew about the problem in early 2002, but continued to manufacture, advertise and sell the Ford vehicles without disclosing the Cracked Tailgate Problem to consumers or the public. It also allegedly continued to manufacture the Ford vehicles with the identical Cracked Tailgate defect through the 2005 model year.
“As a result of Ford’s fraudulent concealment of the defect, Plaintiffs and the Class had no knowledge of the Cracked Tailgate Problem prior to purchasing their Ford Vehicle(s). Ford has also systematically refused to repair the Cracked Tailgates, whether inside or outside the warranty period, fraudulently asserting…that any cracked tailgates on the defective vehicles were caused by a collision with an outside force, not an inherent design or manufacturing flaw in the tailgate itself.”
The Ford cracked tailgate class action lawsuit is brought on behalf of all U.S. residents who purchased, not for commercial resale or transfer, a 2002-2005 Ford Explorer and/or Mercury Mountaineer, or 2003-2005 Lincoln Aviator. It is seeking injunctive relief, declaratory relief, restitution, actual and punitive damages, and more.
A copy of the Ford Explorer, Mercury Mountaineer and Lincoln Aviator Cracked Tailgate Class Action Lawsuit can be read here.
The case is Sally J. Nettleton, et al. v. Ford Motor Company, et al., Case No. CV-11-2953, United States District Court, Northern District of California.
UPDATE: A federal judge trimmed some claims from the Ford cracked tailgate class action lawsuit on March 11, 2014.
Join a Free Ford Cracked Tailgate Class Action Lawsuit Investigation
If you purchased, owned or leased a model year 2002-2005 Ford Explorer, 2002-2005 Mercury Mountaineer, and/or model year 2003- 2005 Lincoln Aviator and experienced any of the following problems, you may have a legal claim:
- Ford Explorer cracked tailgate
- Mercury Mountaineer cracked tailgate
- Lincoln Aviator cracked tailgate
- Shattered backlite (rear window)
- Ford applique crack
- Applique separated, fell off or flew off from the vehicle
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752 thoughts onFord Cracked Tailgate Class Action Lawsuit
have a crack in panel below the window in an 04 Aviator. Also lthe latching piece for the lower panel is loose.
I have a 2002 Explorer with horizontal crack below rear window. Please add me to the LONG list of hopefuls.
I have 2002 Mercury Mountaineer with same problem with a cracked tailgate . Hard to open as pieces have structural damage.
I have a 2004 Explorer which I really like, but I have the cracked tailgate as well. Please add me to the class action suit.Thanks!
I have a 2005 Ford Explorer and the back panel is cracked on mine. Add my name to this lawsuit as well.
2004 Mountaineer – crack all the way down tailgate through emblem. Add me to the lawsuit.
Cracked panel replaced while under warranty.Cracked again
Purchased a 2004 Ford Explorer new and that back panel below the rear window cracked in 2009 or 2010, the dealer told me that Ford will not cover the replacement of that plastic panel, so its still cracked. I want this panel replaced by Ford.
I would like to be part of the Class action lawsuit against Ford. My 2004 Lincoln Aviator has 2 vertical cracks (one on either side of the emblem). My lift gate window does not close or lock and has to be rigged (by mechanic) to get it to stay partially closed putting me/my family/our belongings at risk. Ford needs to be held financially responsible to rectify this issue because they were aware of it prior to sale(s) of these vehicles. Their negligence can not be allowed; they profited far more than the cost of the repair on each vehicle and now need to be forced to pay restitution.
Early this morning, my back window exploded. Panel was cracked and now I have to replace the defective panel, window, tint, and whatever else the body shop finds! All this and I will still have the possibility of this occurring again. My wonder if I should trade my explorer in or pray this does not happen while driving with my family in the car or parked at the movies where someone could possibly steal everything out of my truck. Just terrible!